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2002 Supreme(Raj) 1014

B.S.CHAUHAN
Laxman Das – Appellant
Versus
Deoji Mal – Respondent


Advocates:
Appearance :
M.L. Panwar, for the Appellant
H.R. Soni, for the Respondents

Judgment

B.S. Chauhan, J.-The instant revision has been filed against the order dated 19-8-2002, by which the incomplete examination-in-chief of a witness had been allowed to be completed by filing an affidavit.

2. Thefacts and circumstances giving rise to this case are that in the suit No. 279/ 1993, Deoji Mal vs. Laxman Das, the examination-in-chief of PW 8 Murli was recorded but could not be completed for paucity of time on 16-3-2002. When he again appeared on 17-4-2002, some questions were asked in examination-in-chief , but there had been dispute as to whether such questions can be asked and the same could not be concluded. Same-position remained on 16-5-2002, 20-5-2002, 1-6-2002 and 22-7-2002 and the remaining examination-in-chief was filed in the form of an affidavit by the plaintiff-respondent. The petitioner-defendant sought time to argue on the acceptability of an affidavit for the purpose of concluding the examination-in-chief and ultimately the case was adjourned time and again as is evident from the order-sheets dated 8-7-2002, 6-8-2002 and 17-8-2002. The impugned order was passed on 19-8-2002 rejecting the objection of the petitioner-defendant and accepting the affidav






























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